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  1. #1
    Join Date
    May 2019
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    WENTZVILLE
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    1

    Default Can You Force Your Neighbor to Give an Access Easement Over Dry Land

    I own 66 acres of woodland in Lincoln County Missouri with a 20 easement crossing wet Land to a river that is about 18 deep 100 ft wide during the dry season on the west side of the property. During wet season or after a rain the river is about 5 deep and 200 ft wide. On the east side of the property there is dry land road that appears to be a logging road that come on to the property and used by the neighbor for hunting. Can I force this neighbor to give me an easement even though I have a wet land easement onto the ground? If he is forced or agrees to give me an easement, is there a way to determine the cost of the easement

  2. #2
    Join Date
    Mar 2013
    Posts
    16,792

    Default Re: Dry Land Easement

    Are you saying that, during the wet season, you cannot get on to your property?

    Because if you aren't saying that, you aren't going to be forcing anybody to give you anything.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,201

    Default Re: Dry Land Easement

    Quote Quoting Johnjacob
    View Post
    is there a way to determine the cost of the easement
    The cost of an easement is what you are willing to pay and the neighbor is willing to accept. Have you asked the neighbor if you can use the road?

    The logging road would have to be on the neighbor's property and not an easement itself. The neighbor would have to be the servient estate if the road was someone else's easement. As a general rule, a dominant estate cannot extend the use of the easement to property the easement was not granted to.

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